San Augustine County Small Claims Court, Texas

Small Claims Court Case Types

Most cases for the recovery of money can be heard in small claims court. From a security deposit on a rental to a motor vehicle accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.

Who is the judge in a Small Claims Court case?

The justice of the peace for San Augustine County presides over small claims court actions for San Augustine County.

Are Appeals Allowed?

Appeals are allowed if the amount of the award exceeds $250.00.

Can I file my small claims case in San Augustine County?

You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).

Can I file my case in small claims court?

The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover money. You cannot seek injunctive relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This type of relief would be injunctive relief.

Small Claims Court Clerk

The clerk is often the first person small claims court litigants interact with in their case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice. San Augustine County Small Claims Court cases are heard in 4 courthouses in San Augustine County.

San Augustine County Small Claims Court

How are trials conducted?

Small claims court trials are very informal compared to a regular civil trial. There are no rules of evidence. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. A jury trial will likely last longer, probably a few hours.

Can I hire an attorney?

In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).